Legal Update: AB 436—local jurisdictions may no longer ban lowriding vehicles nor cruising.
A bill legalizing lowrider cruising throughout California was signed into law by Governor Gavin Newsom effective January 1, 2024. Prior to 2024, the California Vehicle Code authorized local authorities to adopt rules and regulations by ordinance or resolution banning and prohibiting the use of cruising or lowriding vehicles. Local authorities were able to stop and penalize drivers from operating modified vehicles, under 6,000 pounds, that are low to the ground and often feature hydraulic suspension systems that allow drivers to make the car bounce. Assembly Bill 436 has repealed this authorization and lifts the restrictions on lowriding cruising statewide.
However, AB 436 does not prohibit cities and counties from regulating against nuisances and illegal activity abuses that may accompany otherwise lawful lowriding and cruising activities. Local jurisdictions must revise their municipal codes to remove outright bans on lowriding and cruising, but should also consider whether new regulations are needed to prevent abuses of these protected activities. Contact Serviam attorney Monica Phan for assistance in revising your City’s municipal code to address the potential negative impacts of AB 436.
Monica Phan is an attorney at Serviam BY Wright LLP (“Serviam”) specializing in municipal and nuisance abatement law for cities and counties throughout California. Monica may be contacted about this alert at Phan@Serviam.Law.
Disclaimer: Serviam legal alerts are not legal advice. Additional facts or future developments may affect the subject of this alert. Seek the advice of an attorney before acting upon any information in this alert.
